Dismissal - Appeal - Bullet Points

Dismissal - Appeal - Bullet Points

Author
Discussion

smudgerebt

Original Poster:

241 posts

113 months

Sunday 24th July 2016
quotequote all
Evening,

Quick summary:

Started work, few months into picked up an injury and informed manager who told me to see my own doc which i did, went back into work and informed manager my doc said what it was ,,, asked to see occy health and manager refused. Few months later and injury affected me so much had to go back to doctors due to pain waking me up at night, and he signed me off with various drugs and booked me into various tests (mri, nct and meeting with surgeon).

Fast forward to friday and get a letter saying Summary Dismissal (within 6 month probation period) due to sickness absence (with a few others but they are related to the absence).

So, i have been asked to appeal it and write a letter in "bullet points" on why that decision is wrong.

I need help (or at least pointers) into how to write the appeal.

Whilst i understand bullet points, just not how to write it into an appeal, having never done an appeal before.

Thanks

anonymous-user

54 months

Sunday 24th July 2016
quotequote all
As they can dismiss you for any reason (other than certain protected matters surrounding discrimination) what's the point of appealing?

You may be able to show that the process was defective, but if they want to dismiss you they can.

Ilovejapcrap

3,281 posts

112 months

Sunday 24th July 2016
quotequote all
I'm no legal beagle but think of you only been with company a few months they can just get rid of you anyway.

Not sure if it alters of health related mind

davepoth

29,395 posts

199 months

Sunday 24th July 2016
quotequote all
Very little point appealing it IMO, it's unlikely to be worth the bother. Who asked you to appeal it, if you don't mind me asking?

ruggedscotty

5,626 posts

209 months

Sunday 24th July 2016
quotequote all
smudgerebt said:
Evening,

Quick summary:

Started work, few months into picked up an injury and informed manager who told me to see my own doc which i did, went back into work and informed manager my doc said what it was ,,, asked to see occy health and manager refused. Few months later and injury affected me so much had to go back to doctors due to pain waking me up at night, and he signed me off with various drugs and booked me into various tests (mri, nct and meeting with surgeon).

Fast forward to friday and get a letter saying Summary Dismissal (within 6 month probation period) due to sickness absence (with a few others but they are related to the absence).

So, i have been asked to appeal it and write a letter in "bullet points" on why that decision is wrong.

I need help (or at least pointers) into how to write the appeal.

Whilst i understand bullet points, just not how to write it into an appeal, having never done an appeal before.

Thanks
Sad to say that there really isnt much more that you can do - you can appeal but there is no real route due to this being within the 6 month probation period. They can dress it up however they want but if they have decided to let you go then thats pretty much it.

But you say you have been told to appeal and try to convince them why they should keep you. That means it not all lost but they have a funny way of showing it.

You have been there and know a bit about what you are there to do, so try and emphasis that, why you can bring value to the role. Previous work have you long term sick there ?

1. role profile - how you fit in that role and what you can bring to the role.

2. Absence ? This is an out the blue situation never happened before ? emphasize this you have check able references to support ? You prepared to let them interrogate your doctor and medical files ? <=== important one an one that shows willingness to co-operate.

3. You would be willing to wipe the slate and start another 6 month period of probation.

smudgerebt

Original Poster:

241 posts

113 months

Sunday 24th July 2016
quotequote all
An account manager.

As it was the job that injured me so why should i be dismissed from work due to illness they caused? (His words).

And i agree, they could dismiss me for a number of reasons but doing so because i am off ill due to them seems a bit wrong.

Trabi601

4,865 posts

95 months

Sunday 24th July 2016
quotequote all
Excess sickness in probationary period with no defined end to it?

If it had been, for example, a heart attack, then it would be a bit harsh - but under the circumstances, I'd probably let you go, too.

mph1977

12,467 posts

168 months

Sunday 24th July 2016
quotequote all
The main / only ground to appeal on is that the health problem is one that is now within the realms of the equality act as a long term condition, virtually impossible for them to defend that without an Occy Health report and all the boxes ticked, i's crossed and t's dotted .



egomeister

6,700 posts

263 months

Sunday 24th July 2016
quotequote all
Were you injured on the job? If so, I expect (well hope...) for a bit more from the employer.

smudgerebt

Original Poster:

241 posts

113 months

Sunday 24th July 2016
quotequote all
Yup injured on the job (direct cause of it).

Due to injury i cant actually do any work till its sorted, cant drive, cant pick things up, so its a bit of a problem.

Still, will go get proper legal advice i guess.


Ilovejapcrap

3,281 posts

112 months

Sunday 24th July 2016
quotequote all
Hmm starting to sound like they should be careful if I was the employer I'd be worried about an injury at work lawyer type affair

ruggedscotty

5,626 posts

209 months

Sunday 24th July 2016
quotequote all
How did you injure it at work ? Are they running scared and hope to make you go away ?

You need to gather all the evidence on how you hurt it - if there is any negligence or failure of duty of care for you then that is something that you can use.

Lots going on here to work through...

smudgerebt

Original Poster:

241 posts

113 months

Sunday 24th July 2016
quotequote all
Its my right arm.

Never had any problems with it before.

Started working at place, and got Tennis Elbow (but in a nice latin word) numb hands (sumilar to carpel tunnel) and now looking at surgery because of it.

If i an lucky its going to be physio and needles, if not lucky its under the knife.

As to them getting rid of me, maybe, but i have my medical records and after seeing my doc managed to get to see occy health, so its all recorded other than the manager refusing me to see occy health.

As said, will go get proper advice.

And if appeal succeeds the i could go back to light duties and work my way back to the job/health.

Rather be working than on the sick and in pain after all.

21TonyK

11,519 posts

209 months

Monday 25th July 2016
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If you could prove your employers negligence caused the injury then I would have thought it would be worth pursuing. If the injury is a result of a reasonable activity undertaken by others without problem then its not their fault.

Were there existing safe systems of work in place? Were you aware of them? And did you follow them?

PurpleMoonlight

22,362 posts

157 months

Monday 25th July 2016
quotequote all
I would have thought that an account manager was an administration role and likely desk based.

Why do you believe that has injured your arm?

Does your GP support this belief?

TR4man

5,226 posts

174 months

Monday 25th July 2016
quotequote all
smudgerebt said:
Its my right arm.

Never had any problems with it before.

Started working at place, and got Tennis Elbow (but in a nice latin word) numb hands (sumilar to carpel tunnel) and now looking at surgery because of it.
You were employed as an Acoount Manager and you have a physical injury by doing that role??

I am surprised that such a role is so physical. confused

smudgerebt

Original Poster:

241 posts

113 months

Monday 25th July 2016
quotequote all
Morning,

This is about doing an appeal and bullet point style, the next thread will be about the injury etc (at a guess since even if they accept the appeal my arm is still going to be injured).

Thanks for the help so far.

Will be getting better advice later.

PurpleMoonlight

22,362 posts

157 months

Monday 25th July 2016
quotequote all
If you are going to appeal the dismissal you need grounds for it.

The only one you may have appears to be the claimed injury so you would be better to post it in this thread.

ozzuk

1,180 posts

127 months

Monday 25th July 2016
quotequote all
Did your doctor say your 'injury' was caused by your current role? Are you over 40 and use computer/play with your phone a lot? I ask because I've also recently had really painful tendons and tennis elbow, was told not much they can do about it unless I want injections and its just old'er' age kicking in with the type of job/hobbies I have. Unless you can tie it down to a specific instance I doubt you'd have much of a case.

It was also cost you I think £1200 to raise an unfair dismissal case - are you a member of a union?

carinatauk

1,408 posts

252 months

Monday 25th July 2016
quotequote all
Just some questions:

When did the injury at work occur?
Did you report this to H&S / HR?
Why did the manager deny you access to occ health?
Is there SOPs available at work?
Did the company inform you that they were unhappy with your absence prior to the dismissal? and in writing?

I would appeal based on the the following:

Work related injury, failure to provide reasonable access to available resources [Occ Health is the best way a company can monitor and judge the extent of the injury, so not sure why the manager refused?].

In reality, chances are they want to move on and tbh you haven't been there long enough to demonstrate your value to the business.

If it's RSI then this builds up over time so I would be interested in how it became an issue so quickly, but I am not an expert in body mechanics.

If you fail in your appeal then you may have a chance of an industrial injury claim but a suitable solicitor will advise you.

You have a right of appeal and should make the company know verbally asap, if you going to do so. Advise them that you will write in due course with the reasons for appeal.